The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1588
INTRODUCER: Rules Committee and Senator Burgess
SUBJECT: Law Enforcement Operations
DATE: April 20, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Stokes CJ Favorable
2. Erickson Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1588 revises powers, duties, and obligations of a sheriff and also revises the process of
appealing a funding reduction to the operating budget of a municipal law enforcement agency.
The bill does all of the following:
Requires that there be an elected sheriff in each Florida county and prohibits the transfer of
the sheriff’s duties to another officer or office.
Specifies that a sheriff has exclusive policing jurisdiction in the unincorporated areas of each
county, unless otherwise authorized under state law.
Imposes duties on each board of county commissioners to ensure the successful transfer of
exclusive policing responsibility to the sheriff, including, but not limited to: developing and
approving a budget; conducting an inventory and audit of all assets of any county department
that performs any function the sheriff will perform or administer; providing funding for staff,
office space, necessary insurance, bank and other accounts, and required surety bonds; and
providing support services.
Imposes duties on a sheriff-elect before taking office, including, but not limited to: staffing
and hiring; establishing bank and other accounts; obtaining necessary insurance; evaluating
the budget and transfer of equipment, and personnel services budget, and notifying the board
of county commissioners of any funding deficiencies.
Authorizes a sheriff-elect to appeal by petition to the Administration Commission unresolved
funding deficiencies.
Requires a sheriff, upon taking office, to takes receipt or possession of specified items,
property, records, and materials.
REVISED: BILL: CS/SB 1588 Page 2
Requires a sheriff to provide police services for a specified period to certain municipalities
for which a county provided contracted police services, and specifies the means of providing
those police services.
Provides a severability clause relevant to aforementioned duties or requirements imposed on
a board of county commissioners and sheriff.
Authorizes the state attorney to petition the Division of Administrative Hearings to request a
hearing to challenge a reduction in a municipal law enforcement agency operating budget
that is more than 5 percent compared to the current fiscal year’s approved budget.
Specifies procedures for the administrative hearing and issuance of a final order.
Provides a non-exclusive list of information the petitioner and affected municipality may
present at the administrative hearing.
Provides a list of findings the judge must make regarding a funding reduction.
Specifies that the administrative final order is appealable pursuant to s. 120.68, F.S., and
requires that any such judicial review be sought in the First District Court of Appeal.
A county may incur costs in the transfer of a sheriff’s exclusive jurisdiction in the
unincorporated areas of the county but these costs are indeterminate. See Section V. Fiscal
Impact Statement.
The bill takes effect upon becoming a law.
II. Present Situation:
Office of the Sheriff and Powers, Duties and Obligations of Sheriffs and Deputies
Art. VIII, s. 1(d), of the Florida Constitution, provides that each county must have an elected
sheriff. There are currently 66 elected sheriffs in Florida’s 67 counties.
1, 2
There is currently no
statutory framework to guide a county without a sheriff, or a newly created county, to establish
an Office of Sheriff. The Florida Constitution also forbids a county charter from abolishing an
Office of Sheriff or transferring the office’s duties to another officer or office.
Section 30.15, F.S., provides an extensive list of duties of sheriffs and deputies. Examples of
some of those duties include:
Executing all process of the Supreme Court, circuit courts, county courts, and boards of
county commissioners of this state, to be executed in their counties.
1
In 2018, Florida voters passed Amendment 10, which, in part, requires “that all 67 counties must elect their sheriff, tax
collector, elections supervisor and clerk of courts.” Isadora Rangel and Rob Landers, Florida amendments 2018 explained:
What passed, what failed (Nov. 6, 2018), Florida Today, available at
https://www.floridatoday.com/story/news/2018/11/02/florida-amendments-2018/1857180002/ (last visited on March 16,
2023). Prior to the passage of this amendment, “[s]everal Florida counties [had] ... at least one of these positions appointed
based on home-rule charters, such as Miami-Dade County, whose top law enforcer[was] ... appointed, not elected.” Id.
Currently, Miami-Dade Police Department Director Alfredo Ramirez III is serving in that appointed position. Additionally,
the Miami-Dade Police Department currently “provides basic police services throughout the unincorporated area of Miami-
Dade County, Miami Lakes, Palmetto Bay and Cutler Bay,” and its “specialized patrol teams include the airport, seaport,
marine, motorcycle, bomb disposal and SWAT.” Miami-Dade Police Department, Miami-Dade County, available at
https://www.miamidade.gov/global/police/home.page (last visited on March 15, 2023).
2
Miami-Dade County does not presently have an elected sheriff, but will elect a sheriff in 2024. BILL: CS/SB 1588 Page 3
Executing such other writs, processes, warrants, and other papers directed to them, as may
come to their hands to be executed in their counties.
Attending all sessions of the circuit court and county court held in their counties.
Executing all orders of the boards of county commissioners of their counties.
Being conservators of the peace in their counties.
Suppressing tumults, riots, and unlawful assemblies in their counties with force and strong
hand when necessary.
3
Appeal of a Funding Reduction to the Operating Budget of a Municipal Law Enforcement
Agency
A municipality is required to adopt a budget each fiscal year.
4
As part of the budget process, a
municipality is required to post a tentative budget to the municipality’s official website prior to a
formal hearing adopting the final budget.
5
Typically, the municipal police chief is appointed or
hired by a city official or officials (mayor, city manager, city commission) and law enforcement
funding is determined by the municipal governing body.
Section 166.241, F.S., provides a budget appeal process to challenge funding reductions in a
municipal law enforcement agency’s budget. If a municipality’s tentative budget contains a
funding reduction to the operating budget of the municipal law enforcement agency, the state
attorney for the judicial circuit in which the municipality is located or a member of the governing
body of the municipality who objects to the funding reduction may appeal by petition to the
Administration Commission within 30 days after the day the tentative budget is posted on the
municipality’s website.
6
The petition is filed with the Executive Office of the Governor (EOG), which provides for a
budget hearing.
7
The EOG submits a report of its findings and recommendations to the
Administrative Commission which, within 30 days, approves the action of the governing body or
amends or modifies the budget as to each separate item within the operating budget of the
municipal law enforcement agency. The budget, as approved, amended, or modified by the
Administrative Commission is final.
8
III. Effect of Proposed Changes:
The bill revises the powers, duties, and obligations of a sheriff and also revises the process of
appealing a funding reduction to the operating budget of a municipal law enforcement agency.
The bill amends s. 30.15, F.S., to:
Require that there be an elected sheriff in each Florida county and prohibit the transfer of the
sheriff’s duties to another officer or office.
3
Section 30.15(1)(a)-(f), F.S.
4
The fiscal year for a municipality is October 1 of each year through September 30 of the following year. Section 166.241(1)
and (2), F.S.
5
Section 166.241(3), F.S.
6
Section 166.241(4)(a), F.S.
7
Section 166.241(4) and (5), F.S.
8
Section 166.241(5), F.S. BILL: CS/SB 1588 Page 4
Specify that a sheriff has exclusive policing jurisdiction in the unincorporated areas of each
county, unless otherwise authorized under state law. The sheriff’s jurisdiction and powers run
through the entire county regardless of incorporated cities or other independent districts or
governmental entities in the county. The sheriff’s jurisdiction is concurrent with any city,
district, or other law enforcement agency that has jurisdiction in a city or district.
Prohibit a county’s board of county commissioners, or any other county legislative body
from maintaining or establishing a police department or other policing entity in the
unincorporated areas of any county.
Prohibit a county from contracting with or engaging in any manner with an incorporated
city’s or district’s police department to provide any services provided by the sheriff,
including policing or police functions in the unincorporated areas of any county.
9
The bill also creates s. 125.01015, F.S., to:
Impose duties on each board of county commissioners to ensure the successful transfer of
exclusive policing responsibility to the sheriff, including, but not limited to:
o Developing and approving a budget;
10
o Conducting an inventory and audit of all assets (and their associated liabilities) of any
county department that performs any function the sheriff will perform or administer;
11
o Providing funding for staff, office space, necessary insurance,
12
bank and other accounts,
and required surety bonds; and
o For a term commencing January 7, 2025, and ending no sooner than September 30, 2028,
providing substantially and materially the same support services, facilities, office space,
and information technology infrastructure
13
that such county, during the 1-year period
immediately preceding the sheriff taking office, provided to any of its offices or county
departments that performed duties to be performed by the sheriff upon taking office.
14
Defines “support services” to include:
o Property and facilities and the management and maintenance of such property and
facilities;
o Communications infrastructure, including telephone and Internet connectivity;
o Risk management, to include processing, adjusting, and payment of all claims and
demands, including those made under s. 768.28, F.S.;
15
9
The bill provides that the jurisdiction or powers of any agency of this state or the United States are unaffected and mutual
aid agreements between the sheriff and any other police department are not prohibited.
10
The budget for the fiscal year in which the sheriff-elect will take office must consider the sheriff’s initial budget
requirements as mitigated by the transfer of assets from existing county departments to the sheriff’s office.
11
The inventory and audit must be published on the county’s website at least 60 days prior to the county adopting its budget
for the fiscal year in which the sheriff will take office. The budget approved by the county for the fiscal year in which the
sheriff will take office must provide funding to purchase all basic necessary operating equipment, including, but not limited
to, furniture, fixtures and equipment, and information technology hardware and software, which is not specifically designated
for transfer from the county to the office of the sheriff based on the inventory (as specified in the bill).
12
This is necessary insurance not provided by the county through an interlocal agreement (as specified in the bill).
13
At a minimum this infrastructure must include all hardware, including computers; budget and fiscal software, including
payroll and purchasing software; and computer-aided dispatch.
14
Under a cost allocation plan agreed to by the county and the sheriff, the sheriff must pay the county for such support
services and information technology infrastructure from his or her general fund budget, except for any support services and
information technology infrastructure costs that state law otherwise and expressly requires the county to fund outside the
sheriff’s budget.
15
The board of county commissioners must provide the sheriff with all required general liability, property, and other
insurance coverage either through its self-insurance program, a self-insurance risk pool, or commercial insurance. If the BILL: CS/SB 1588 Page 5
o Legal representation and advice through the county attorney’s office for all claims,
demands, and causes of action brought against the sheriff, his or her deputies, or other
personnel in their official and individual capacities, while acting in their official
capacities, including any required outside counsel due to representation conflicts;
16
o Purchasing and procurement services using procedures under the laws and ordinances
applicable to the county for purchases requiring competitive procurement;
o Budget and fiscal software and budget development services;
o Human resource services, including, but not limited to, employee applicant screening,
applicant background checks, facilitation of the hiring process, and employee benefit
administration;
17
and
o Fleet management, including procurement of all vehicles and other mobile assets, such as
boats and aircraft, and all vehicle repair and maintenance.
Requires the county and the sheriff to execute an interlocal cooperation agreement addressing
the aforementioned requirements and other expenditures, including an appropriate phase-in
period for identification of sheriff’s assets with sheriff’s markings to minimize cost to
taxpayers.
18
Imposes duties on a sheriff-elect after the election is certified and before taking office,
including, but not limited to:
o Staffing and hiring;
19
o Establishing bank and other accounts;
o Obtaining necessary insurance;
20
and
o Evaluating the budget and transfer of equipment, and personnel services budget, and
notifying the board of county commissioners of any funding deficiencies.
21
Authorizes a sheriff-elect to appeal by petition to the Administration Commission unresolved
funding deficiencies.
22
county provides insurance through a self-insurance program, it must also provide the sheriff with commercial stop-loss
coverage at an amount and with a self-insured retention agreed upon by the sheriff and the county.
16
This section does not prohibit the sheriff from employing or retaining his or her own legal representation as the sheriff
deems necessary.
17
The sheriff is the employer of his or her employees and retains full and complete control over his or her employees’ hiring
and terms and conditions of employment, including employee discipline and termination of employment. The provision of
human resource services by the county to the sheriff does not create a joint-employer relationship. The sheriff’s employees
remain members of the county’s health insurance and workers’ compensation plans (as specified in the bill).
18
This interlocal agreement must have a term that ends no earlier than September 30, 2028, and may be amended, renewed,
extended, or adopted at any time following the expiration or termination thereof for any additional time periods that a county
and the sheriff agree upon. After the initial period ending no sooner than September 30, 2028, any new or continuing
voluntary interlocal cooperation agreement between the county and the sheriff may provide for the same or different
requirements than the aforementioned requirements.
19
All personnel hired by the sheriff are employees of the sheriff and not the county. The sheriff retains all control over the
terms and conditions of all his or her employees, including procedures regarding employment, setting of salaries, and
termination of such personnel. However, the sheriff must use county human resource services for the period of time
established in the interlocal agreement (as specified in the bill).
20
This is necessary insurance not provided by interlocal agreement (as specified in the bill).
21
The sheriff provides written notice to the board of county commissioners, which must respond and reach an agreement
with the sheriff-elect on funding requirements within 30 days after such notice. If, after expiration of the 30-day period, an
agreement has not been reached, the sheriff-elect may file an appeal by petition to the Administration Commission which
must expedite its review and determination of such petition and render a decision within 90 days after it is filed.
22
Id. BILL: CS/SB 1588 Page 6
Requires a sheriff, upon taking office, to takes receipt or possession of unexecuted writs and
court processes, forfeited contraband property, and other specified property, records, and
materials.
Requires a sheriff to provide police services for 3 years from the time he or she takes office
to certain municipalities for which a county provided contracted police services, and
specifies the following means of providing those police services:
o Assume the contract in place between the county and the municipality at the time the
sheriff takes office;
o Negotiate a new contract with the municipality; or
o Otherwise provide policing services to the municipality at the same level that the
municipality received policing services from the county during the 1-year period prior to
the sheriff taking office.
Provides a severability clause relevant to aforementioned duties or requirements imposed on
a board of county commissioners and sheriff.
The bill also amends s. 166.241, F.S., to revise the process of appealing a funding reduction to
the operating budget of a municipal law enforcement agency. The bill:
Authorizes the state attorney for the jurisdiction in which the municipality is located or a
member of the governing body to file a petition with the Division of Administrative Hearings
(DOAH)
23
to request a hearing (rather than the current process of appealing to the Executive
Office of the Governor) to challenge a reduction in a municipal law enforcement agency
operating budget that is more than 5 percent compared to the current fiscal year’s approved
budget.
Specifies procedures for the administrative hearing and issuance of a final order.
Provides the following non-exclusive list of information the petitioner and affected
municipality may present at the administrative hearing:
o The proposed operating budget approved by the municipality;
o The municipality’s grounds for proposing a reduction in funding to the current fiscal
year’s law enforcement operating budget;
o The petitioner’s grounds for challenging the proposed reduction in funding to the law
enforcement operating budget;
o The operating budgets of other public entities in the municipality;
o The operating budgets of other law enforcement agencies in municipalities that are of
comparable size;
o The municipal law enforcement agency’s staffing needs and budgetary requirements for
the current fiscal year and the 2 previous fiscal years;
o The draft municipal law enforcement agency operating budget, budget amendments, and
budget meeting minutes from the current fiscal year and the 2 previous fiscal years;
23
DOAH provides “a uniform and impartial forum for the trial and resolution of disputes between private citizens and
organizations and agencies of the state in an efficient and timely manner.” See discussion of DOAH by the Office of Program
Policy Analysis and Government Accountability, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4129 (last visited on March 23, 2024). “An
administrative proceeding is initiated when an agency action or inaction adversely affects a private party’s substantial
interests. The agency is almost always a party to the proceedings. Cases often come to administrative law judges after an
administrative hearing before agency staff or an agency head.” Id. Ch. 120, F.S., governs administrative hearings. Cases that
administrative judges hear include agency rule challenges and “resolv[ing] disputes between an agency and a person whose
substantial interests will be affected by an agency decision (other than a rule).” Id. BILL: CS/SB 1588 Page 7
o The revenue and projected revenue available to the municipality and any change in the
amount of revenue collected over the previous 3 fiscal years; and
o Any other information relevant to the municipal law enforcement agency’s operating
budget.
Provides that within 15 days after the hearing, the administrative law judge must issue a final
order either approving or rejecting the proposed operating budget for the municipal law
enforcement agency by determining whether the proposed reduction will impair the law
enforcement agency’s overall ability to ensure public safety.
Provides that in determining whether the proposed reduction will impair the law enforcement
agency’s overall ability to ensure public safety, the administrative law judge must make
findings regarding whether the funding reduction in the proposed operating budget of the
municipal law enforcement agency will result in:
o A reduction of the number of law enforcement officers employed by the municipality;
o A reduction or an elimination of public safety programs or initiatives provided by the
agency; or
o A lack of appropriate equipment necessary to ensure officer safety.
Specifies that the administrative final order is appealable pursuant to s. 120.68, F.S., and
requires that any such judicial review be sought in the First District Court of Appeal.
The bill take effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Section 2 of the bill may raise an issue related to its nature as a special law, or a bill filed
as a general law which applies to less than the entire state based on an invalid
classification. A general law which applies evenly across the state or to a valid class of
people or localities is valid, while a law applying only to a select group requires the
treatment of a local bill.
BILL: CS/SB 1588 Page 8
The measure of a valid classification used in a general law is whether there is a
reasonable possibility that others in the future may meet the criteria of the classification.
24
“Ultimately, the criterion that determines if a reasonable relationship exists between the
classification adopted and the purpose of the statute is whether the classification is
potentially open to additional parties.”
25
Section 2 applies a set of procedures and obligations to any county which does not have
an elected sheriff and is transferring policing jurisdiction from another body to a newly
established sheriff. Maintaining an elected Office of Sheriff is required by Article VIII,
s. 1(d), of the State Constitution, and 66 counties currently maintain such an office. Thus,
the procedures and obligations laid out by the section only apply to Miami-Dade County.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
A county may incur costs in the transfer of exclusive policing jurisdiction in the
unincorporated areas of the county but these costs are indeterminate. If the transfer is
constitutionally required, these costs presumably would be incurred by the county,
regardless of the provisions of the bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 30.15 and 166.241.
This bill creates section 125.01015 of the Florida Statutes.
24
Fla. Dep’t of Bus. & Prof’l Regulation v. Gulfstream Park Racing Ass’n, Inc., 967 So. 2d 802, 808–09 (Fla.2007).
25
License Acquisitions, LLC, supra at 1142-1143, citing Dept. of Business Regulation v. Classic Mile, Inc., 541 So. 2d 1155,
1158-1159 (Fla. 1989) (quoting Dep’t of Legal Affairs v. Sanford–Orlando Kennel Club, Inc., 434 So. 2d 879, 882
(Fla.1983)), Ocala Breeders’ Sales Co., Inc. v. Fla. Gaming Ctrs., Inc., 731 So. 2d 21, 25 (Fla. 1st DCA 1999). BILL: CS/SB 1588 Page 9
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules on April 19, 2023:
The committee substitute:
Provides that a sheriff shall have exclusive policing jurisdiction in unincorporated
areas of each county, unless otherwise authorized under state law.
Revises duties of a board of county commissioners before election of a sheriff,
including, but not limited to, developing a budget, providing an inventory of assets
and liabilities, and providing specified support services.
Requires a sheriff to provide police services for a specified period to certain
municipalities for which a county provided contracted police services, and specifies
the means of providing those police services.
Revises time requirements for filing a petition with the DOAH, service of the answer,
assignment of the administrative law judge, and issuance of the final order.
Revises the non-exclusive list of information the petitioner and affected municipality
may present at the hearing.
Provides a list of findings the judge must make regarding a funding reduction.
Specifies that the administrative final order is appealable pursuant to s. 120.69, F.S.,
and requires that any such judicial review be sought in the First District Court of
Appeal.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.